• 항공우주정책ㆍ법학회지
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• 제6권
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• pp.191-215
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• 1994

The concept of 'wilful misconduct" was initally used in article 25 of the Warsaw Convention of 1929. The concept was defined in the Hague Protocol, 1955, as having the following two differing concepts: i) "with the intent to cause damage" and ii) "recklessly and with the knowledge that damage would probably result." The concepts contained in the Hague Protocol were used in various international Conventions on carriage by sea, such as Article 2(e) and Article 3(4) of the Protocol adopted at Brussels on Feb. 23, 1968 to amend the International Convention for the Unification of Certain Rules of Law relating to Bills of Lading, signed at Brussels, Aug. 25, 1929(Hague-Visby Rules), Article 13 of the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea, Dec. 13. 1974, Article 4 of the Convention on Limitation of Liability for Maritime Claims, 1976, Article 8(1) of the U.N. Convention on the Carriage of Goods by Sea, 1978(Hamburg Rules) and Article 21 (1) of the U.N. Convention on International Multimodal Transport of Goods, Geneva, 1980. The same concepts were also adopted in Article 746, 789-2(1), 789-3(2) of the Korean Maritime Commercial Law, revised in 1991. As of yet, the legal system of Korean Private Law recognizes only the concepts of "Vorsatz" and "grobe Nachlassigkeit", as is the case with German Private Law. The problem is that the concepts in the Convention do not coincide precisely with the concepts of "Vorsatz" and "grobe Nachlassigkeit". The author has conducted a comparative analysis of the treatment of the concepts of wilful misconduct and its varied interpretations, that is, "with the intent to cause damage" and "recklessly and with the knowledge that damage would probably result" in the Anglo-American law and in the continental European law in the following manner: 1. Background in which the concept of wilful misconduct was introduced in the Warsaw Convention. 2. The concept of "dol" in French private law. 3. The concepts of "Vorsatz" and "grobe Nachlassigkeit" in Korean private law. 4. Analysis of the concept of wilful misconduct in Anglo-American case law. 5. Analysis of the cases interpreting the concepts of "with intent to cause damage" and "recklessly and with knowledge that damage would probably result" in various jurisdictions. 6. The need to incorporate the concepts of "with the intent to cause damage" and "recklessly and with the knowledge that damage would probably result." 7. Faute inexcusable in French private law. Based upon the comparative analysis, the author points out the difference between the concepts of "wilful misconduct" or "with the intent to cause damage" and "Vorsatz", and between the concepts of "recklessly and with the knowledge that damage would probably result" and "grobe Nachlassigkeit" in the Convention and that of the Korean Private Law system. Additionally, the author emphasizes the importance of the unification in the interpretation of the provisions of the Conventions world wide.

• 무역상무연구
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• 제27권
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• pp.215-232
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• 2005

China had revised Foreign Trade Law in order to fulfill its WTO commitments and duties, and fully exercise its rights and benefits as a WTO member. The main contents of the revised Foreign Trade Law as followed. For the first time, individuals are allowed to conduct foreign trade. Intellectual property is an important component of foreign trade, and protecting intellectual property rights is a key issue. A chapter on Intellectual property protection is one of the major additions to the Foreign Trade Law. New sections have also been added to allow and provide guidance for conducting investigations and seeking relief. Finally, the new law beefs up and clarifies enforcement procedures. It regulates the setting up of early warning and emergency systems and a foreign trade statistics system.

• 한국중재학회지:중재연구
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• 제25권3호
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• pp.33-58
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• 2015

Arbitration clauses or institutional arbitration rules rarely, if ever, specify the law applicable to the arbitration agreement. A wide range of laws may thus govern this question, such as the law at the place of arbitration, the law where the agreement or the award is enforced or the law of the main contract between the parties. It is also conceivable that international uniform law or soft law may play a role. Tribunals and courts seized with this question must consequently decide which of these various laws shall apply to verify the existence and validity of the arbitration agreement. This paper picks up on this controversially debated conflict of laws issue. At times, this debate is characterized by a strong divide between arbitration and international trade law practitioners. But are the different approaches really leading to diverging results in arbitral practice?

• 공학교육연구
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• 제21권2호
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• pp.3-6
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• 2018

A few thermodynamics texts are commonly found to have unrealistic example problems in which the process violates the second law of thermodynamics. This error would result from presentation order in the text which introduces first the first law for cycles, systems, and control volumes and then the second law later. In the presentation order, the example problems deal only with the first law without telling whether the process violates the second law. To correct this erroneous situation, it could be recommended to present the first law and the second law successively so that both laws could be applied simultaneously to the given example problems.

• 한국중재학회지:중재연구
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• 제31권4호
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• pp.29-49
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• 2021

The Chinese Arbitration Law came into force in 1995 and has been implemented for 26 years. As a party to the New York Convention, there are many contradictions and conflicts between the Chinese Arbitration Law and the New York Convention on the issue of ad hoc arbitration, and this institutional disconnection can bring about problems such as misalignment of arbitration powers. On July 30, 2021, China's Ministry of Justice published a draft of the revised Arbitration Law for public consultation, and the draft has generated a lively debate among the public. This article explores the reasonable and inadequate points of the draft of Arbitration Law in light of the recent trends in the use of commercial arbitration in China, the COVID-19, the Free Trade Zone, and the relationship between the Civil Code and the Arbitration Law.

• 한국항공운항학회지
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• 제13권2호
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• pp.48-62
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• 2005

In aviation criminal law is negligence different from in civil law and in general criminal law. The Interpretation of aviation criminal negligence must be elucidated in characteristic own way. The thesis considers the principle of trust, permissible risk and the accomplice offender.

• 한국주거학회논문집
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• 제5권2호
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• pp.109-117
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• 1994

The purpose of this study was to investigate the difference in water law and drinking water standards in Korea and five other countries. The documentary research method was used for this study and the Dong-A newspaper(1920-1993), journal and book related water pollution law were used as an analysis data. The results can be summarized as follow: 1. Law related water pollution in Korea was legislated last and characterized by frequent law revision in comparison with other countries. 2. Drinking water standards in Korea was strict in standard item and standard value.

• 한국정밀공학회:학술대회논문집
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• 한국정밀공학회 2000년도 추계학술대회 논문집
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• pp.161-164
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• 2000

An improved robust hybrid control law is proposed This law uses the separated bounding function: so uncertainties of each axis does not affect the others. Also, this law uses the separated $\varepsilon$, so we can take different $\varepsilon$ for each axis This law guarantees the practical stability in sense of Lyapunov. Simulation was performed to validate this law using a four-axis SCARA type robot manipulator.

• 한국소음진동공학회:학술대회논문집
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• 한국소음진동공학회 2004년도 춘계학술대회논문집
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• pp.759-763
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• 2004

High frequency noise of fuel pump has does claimed by user. But high frequency of fuel pump can't heat in the car. But this noise Is an offensive noise outside car. In this study is noise reduction used to mass law. Especially high frequency (for example BPF(blade pass frequency)) is influenced of this law. In detail used to transmission and add to mass according to mass law, reduced particular noise. As a result high frequency is down until can't perception.

• 대한수학회보
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• 제38권1호
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• pp.55-63
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• 2001

In this paper, we derive a general strong law of large numbers and a general weak law of large number for normed weighted sums of pairwise negative quadrant dependent random variables with the common distribution function.